A HARARE housing cooperative has appealed a High Court judgment that gave an interim relief to more than 4 000 residents facing eviction from Spitzkop Farm, Zvimba, to allow for a re-pegging exercise.
The residents, Greater Spitzkop Residents Association, had sued their housing cooperative, Vevhu Resources, together with Local Government minister July Moyo, also cited Zvimba Rural District Council (RDC), NIFS Investments Pvt Ltd and Vevhu Marketing Investments last year, to stop the planned evictions.
But Vevhu Resources have filed an appeal saying Justice Neville Wamambo erred and misdirected in granting the interim order stopping the evictions.
"The court a quo erred and misdirected itself in granting the interim order sought despite the fact that the applicant lacked locus standi to institute the proceedings. The court a quo erred and misdirected itself in granting the interim relief sought despite the fact that the applicant failed to prove prima facie right," the housing co-op submitted.
"The court a quo erred in granting the applicant the interim order despite the fact that it had numerous alternative remedies at its disposal."
Vevhu Resources wants the High Court judgment set aside in its entirety.
In his ruling, Justice Wamambo said:“The respondents be and are hereby interdicted from carrying out activities such as re-pegging the residential stands of the applicant and its members and any other activities pursuant to the implementation of the proposed subdivision of Lot 14 of Spitzkop until the determination of this urgent chamber application is finalised.
“The 1st, 4th, 5th, 6th and 7th respondents be and are hereby interdicted from collecting any money from the applicant and its members in pursuance of the implementation of the proposed subdivision of Lot 14 of Spitzkop until the determination of the proposed subdivision of Lot 14 of Spitzkop until the determination of this urgent chamber application is finalised,” he ruled.
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The judge also interdicted respondents from threatening the members to sign new contracts and to receive any money from them until the determination of the urgent application.
The said property is located within Lot 12 and 14 of Spitzkop Farm located in Zvimba district measuring 348.68 hectares in extent.
